This is the second in a Series on Kentucky DUI or Drunk Driving Injury Accidents. Upon the completion of Part I, I recieved an email from a Client asking what all could be considered DUI? The question was, does the Negligent Party have to be under the influence of Alcohol or can it be another Drug??
This is a great Question. Most people think that if they are involved in a Kentucky Car Wreck and the Negligent Driver is given a DUI, that the Negligent party has had too much to drink. This is not always the case.
Drivers can get a DUI in Kentucky without ever consuming a drop of Alcohol. Drivers can be cited and later convicted on DUI Charges in the following situations:
1. They can be under the influence of Illegal Drugs. This can include Cocaine or most often under the influence of marijuana.
2. They can be under the influence of Prescription Drugs. Many times Prescription Drug use alone can prompt a DUI Charge but often Prescription Drugs mixed with Alcohol can lead to very serious accidents and injuries.
3. They can be under the influence of Over the Counter Drugs. Yes, this is true. Many times you can read on the label of these type medications that taking these can impair your ability to drive. The most common over the counter DUI’s are usually Allergy and Cold Medicines.
Being under the influence of Drugs is treated in much the same manner by the Police Officers as Being under the Influence of Alcohol. Most all of the signs are the same but the smell can be one of marijuana and not alcohol that gives the officer the Probable Cause to investigate further.
In order for the Commonwealth to prove that a Negligent Party was under the influence of drugs, they will need a blood or urine test of the accused. Alcohol can be proven by Blood, Breath or Urine Tests. It is important to note that DUI’s of all sorts carry the same punishement and penalties. Furthermore, DUI’s that result in Kentucky Injury Cases make these type of cases worth more money to the injured party. More on this in a later series!
For more information on this subject, please refer to the section on Car and Motorcycle Accidents.